Youth lacrosse body check not enough to impose tort liability.

The plaintiff, a 12-year-old lacrosse player, was in possession of the ball with 20 seconds left on the clock and his team up by one. The defendant, an 11-year-old player, tore across the field and blindsided the plaintiff in a disallowed so-called “take down check,” a body check with the intent to knock him down. The plaintiff did fall and broke his arm. In this case of first impression, the Appellate Division considered the issue of the tort liability of a minor who inflicts an injury in a youth sports activity. In affirming summary judgment for the defendant, the court set up the “double layered” test this way: (1) whether the opposing player’s injurious conduct would be actionable if it were committed by an adult, evaluating whether there is sufficient proof of the defendant player’s intent to inflict bodily injury or recklessness; and, if so, (2) whether it would be reasonable in the particular youth sports setting to expect a minor of the same age and characteristics as the defendant to refrain from the injurious physical contact. The court easily concluded that the answer to the second question was “no” as the defendant was 11 years old and played in a lower–skill-level league, and so the law allows time to mature, develop skill, and achieve the ability to hew more closely to the rules before imposing tort liability.

Case Law Alerts, 1st Quarter, January 2015